Child Maltreatment: International and Legal Issues

Abstract

Events such as the recent International Society for the Prevention of Child Abuse and Neglect European Regional Conference held in Dublin in September 2013 draw attention to international efforts to promote children's rights and welfare, and address issues of childhood harm. Child maltreatment is a global issue and an immensely complex social construct that is perpetrated indiscriminately regardless of age, sex, socio-economic group, culture or community. The extent and nature of child maltreatment across the globe become increasingly evident when reports of child abuse and neglect are brought together from different countries. Assembling this international evidence is important in our consideration of the causes and possible solutions for all forms of child maltreatment. This issue has an international focus, with many of the papers highlighting children's experience of harm in different cultures and countries across the globe. ‘Child maltreatment across the globe become[s] increasingly evident when reports of child abuse and neglect are brought together from different countries’ Elisa van Ee and Rolf Kleber's (2013) paper from The Netherlands explores the vulnerabilities of children who have been born as a result of wartime rape or sexual exploitation. Mass rape and forced impregnation are recognised crimes against humanity under international humanitarian law. However, Van Ee and Kleber suggest that this is a taboo subject and that little research exists into the long-term wellbeing of these children. Their review highlights the significant mental health needs of both rape victims and their children. Risks to children's wellbeing often originate from problems during pregnancy and delivery, problematic parent-child relationships, identity issues relating to the mother-child relationship and trauma associated with discrimination and stigmatisation. This review concludes that three issues should direct clinical practice and research internationally: that children born of rape should be regarded as secondary rape victims; the recognition of multiple perpetrators; and the issue of competing rights and interests. Clinicians working with rape victims have to consider the needs and rights of both mothers and their children. As Van Ee and Kleber (2013) note ‘attention must be given to the fact that many children born of rape will ultimately have to become informed about the violent circumstances of their conception. We need to understand when and how this will affect the child and what can be done to help children cope with this information.’ (p. 394) ‘Children born of rape should be regarded as secondary rape victims’ Two papers in this issue focus on street children and child harm, with one contribution examining children's experiences in Mauritania and the other, children in Iran. Jérôme Ballet and colleagues (2013) undertook a small case study in Mauritania, setting out to test the cultural hypothesis that differences in family background and the social roles assigned to boys and girls lead to gender-based differences which can explain children's migration onto the streets. Data on 70 street children (45 girls and 25 boys) and their family backgrounds were collected from an organisation caring for street children in two Mauritanian cities. The researchers also took part in focus groups with parents and children organised by the same caring organisation and Mauritania's National Council for Children. The study findings suggest that the cultural hypothesis is valid and Ballet et al. (2013) argue ‘that migration onto the street for girls supposes a more severe and more radical break with their family than for boys.’ (p. 405). Parental absence from the family home of at least one parent was more common among girls. No difference emerged between the two groups in terms of physical violence, although the authors do state that the practices of chaining up children, ‘to prevent them leaving home during the parents' absence’, and force feeding large quantities of milk to girls, ‘to fatten them up to find a husband’, are still applied (p. 405). Ballet et al. (2013) conclude by arguing for policies to be implemented for girls living on the streets as they report that no measures currently exist in Mauritania to provide shelter or psychological follow-up for street girls. ‘The study findings suggest that the cultural hypothesis is valid’ In the second paper on street children in Iran, Mahmood Baratvand and colleagues (2013) report on research conducted in the Ahvaz Correction Centre (ACC) to explore sexual abuse and drug abuse amongst homeless boys. A sample of 28 boys selected by snowball sampling were interviewed by social workers from the ACC where they were currently held in detention; data were also collected from their criminal records. The researchers found that the mean age of the children was 14.5 years; half of the boys had started living on the street before they were 11-years old, and most had spent on average two and three-quarter years living on the street before being held in the detention centre. Crimes committed by the boys included drug abuse and trafficking, stealing, pick-pocketing and physical aggression; they had been held in detention for between two and 26 months. Sexual abuse was common, with 64 per cent being abused and 71 per cent being a perpetrator, and drug abuse, including cannabis, opium and heroin, was a common behaviour. ‘There were significant correlations between age at first seeking shelter on the street and age at first drug and sexual abuse’ (p. 414). The study children of whom over half were illiterate came from working-class families where family conflict, abuse, illiteracy, a family history of criminality and financial problems were common. Baratvand et al. (2013) report a significant relationship ‘between the severity of family problems and the length of detention (r = 0.47), suggesting that family norms influenced the young offenders.’ (p. 415) The researchers conclude by emphasising that the traumatic events experienced by street children can have serious long-term effects on their health, welfare and social wellbeing. ‘There were significant correlations between age at first seeking shelter on the street and age at first drug and sexual abuse’ The second part of this issue focuses on children's involvement with the criminal justice systems in Northern Ireland and England. David Hayes and Lisa Bunting's (2013) paper considers the experiences of young people as witnesses in criminal proceedings in Northern Ireland. In this study, interviews were conducted with young people (37) and their parents (33) who had received a service from the NSPCCs Young Witness Service (YWS). The young witnesses' mean age was 14.4 years at trial. Seventy-three per cent were victims of sexual, violent or other offences and 27 per cent were non-victim witnesses; the study examined their experiences pre-trial, during and post-trial. A questionnaire was also completed by 16 practitioners and volunteers working with the Young Witness Service. The research found that for the majority of young witnesses both the prospect and the actual experience of giving evidence in a criminal trial were very stressful and upsetting. While just over half of the young witnesses had some pre-trial contact with a supporter from the Young Witness Service and for most it had made them feel better about attending court, many young witnesses and their families (46%) received little help prior to court. The study recounted considerable delays in cases coming to court (averaging over 18 months in Crown Courts), trial dates being re-scheduled, long waiting times at court and many young people experiencing symptoms of anxiety, with nearly a quarter seeking counselling or therapy before the trial. ‘Both the prospect and the actual experience of giving evidence in a criminal trial were very stressful and upsetting’ During the trial, while many young people gave evidence via a TV link, nearly two-thirds reported seeing the defendant, and found the experience of cross-examination by defence lawyers very difficult. Over 40 per cent did not understand the question that they were being asked and 77 per cent were dissatisfied with the defence lawyer's behaviour towards them (Hayes and Bunting, 2013). This latter point was also highlighted in Krähenbühl's (2011) research which found that lawyers and intermediaries both had different perspectives about what constitutes inappropriate questioning and communication during investigation or cross-examination of a child. Connon et al. (2011) also reported sexually abused children being very distressed by the courtroom context and their reactions to the defence barrister and the Director of Public Prosecutions. Post-trial, over half of the young witnesses still reported feeling upset, frightened and anxious and as Hayes and Bunting (2013) note, for several young witnesses and their parents, ‘involvement in criminal justice processes had clearly been a traumatic and disillusioning experience.’ (p. 427) Hayes and Bunting (2013) conclude by stressing the need to continually strive to improve the experiences of young witnesses giving evidence in criminal trials. For example, improving the information that young witnesses receive pre-trial, reducing court delays, improving court buildings' arrangements to reduce the stresses experienced by young witnesses seeing the defendant, and improved training for judges and legal professionals on the cross-examination of child witnesses. ‘Post-trial, over half of the young witnesses still reported feeling upset, frightened and anxious’ Ruth Marchant's (2013) paper also looks at the experience of children giving evidence in the English criminal justice system, focusing on very young witnesses under five years of age. This paper, like Hayes and Bunting's (2013) paper before, describes long delays between interview and trial affecting children's mental health and their ‘ability to give complete and consistent testimony’ (p. 443). Starkly, she points out that in the case of very young children, ‘this delay may equate to a third of their life’ (p. 443). The paper reports that while legislation is in place and guidance available to allow young children's evidence to be heard and tested in court, practice across England is variable, with many practitioners not confident in interviewing or cross-examining young children. As Marchant (2013) notes ‘very young children are particularly vulnerable, both to maltreatment and to inept adult questioning’ both during the investigation and at trial (p. 432). “Very young children are particularly vulnerable, both to maltreatment and to inept adult questioning” both during the investigation and at trial’ Marchant (2013) explores the research and guidance in relation to the evidence of very young children at investigative interview or cross-examination. Drawing on her experiences as a registered witness intermediary, she outlines some very useful and practical approaches to enable children to give evidence, including creating a child-friendly environment at both investigation and trial, adjusting the communication processes to the child, establishing them ‘as an expert informant from the outset in … interactions’, and helping the child explain and to ‘understand why they need to tell what happened’ (p. 438). These practical strategies among others mentioned have relevance to court personnel in other parts of the world and Marchant (2013) summarises by arguing that if interview and trial processes are adapted to the very young child's needs, they can ‘provide accurate, complete and coherent accounts of their experiences.’ (p. 443) This issue has drawn together a number of international papers that allow us to consider childhood harm in different communities across the world including those enduring the aftermath of wartime rape, the gender specific treatment of street children and homeless children's vulnerability to sexual and drug abuse. While the two papers from the UK focus on young people giving evidence and very young child witnesses and how they are dealt with by the judiciary. The issue concludes with a book review, Kai Chen (2013) reviews Building Resilience in Families under Stress: Supporting Families Affected by Parental Substance Misuse and/or Mental Health problems: A handbook for Practitioners by Emma Sawyer and Sheryl Burton. This useful book, written by two social work professionals looks at how to support families in building resilience at both practice and strategic levels. Chen highlights how this book will be helpful for Chinese social workers whose immediate concern is the accurate identification of parents with mental health problems. This review highlights the importance of international debate in learning about and considering the capacity for interventions within different communities to address issues of child abuse and neglect.